Bradley blamed for demise of company
By Jackeline Leon Staff Writer
UNION — Fourteen years have passed since an investigation caused James Malone to lose his trucking business, but he has yet to see a resolution to the legal quagmire that involves Union Business Administrator Frank Bradley.
Malone, a 47-year-old man who was the sole owner of Wrench Transportation in the early 1990s, became a target in an investigation dubbed “Operation Boilermaker.”
The investigation was led by Bradley, who was working as a federal investigator at the time, and fellow investigators Julio Mateo and Maryann Lewicki. The main goal of Operation Boilermaker was to zero in on alleged plots to dispose of waste oil unlawfully.
It was alleged that Wrench Transportation was transporting waste oil to be blended with virgin oil and sold as untainted oil.
In May of 1993, based on a report filed by Bradley on November of the previous year, the Division of Criminal Justice filed an affidavit to seize Malone’s trucks. Bradley was not available for comment as of press time Tuesday.
According to Malone, several trucks and tractor trailers were seized and never returned.
“I invested about $400,000 of my own money for that equipment and it was unrightfully taken from me, and moreover, I lost accounts with companies I was doing business with at the time,” Malone explained.
He further explained that not only did his personal reputation receive a tremendous blow, but he lost wages and benefits.
“My credit was also ruined and since this happened, I have not had a stable job,” Malone said.
Despite winning $1.7 million in the New Jersey Pick Six lottery in 1993, Malone said he lives a modest life.
“Before this investigation, I had a nice house in Andover and now I live in a small apartment in Elizabeth,” Malone said.
He explained that after paying federal taxes, the lottery money only covered the losses incurred as a result of losing his business.
The trucking company, which was based in Linden, was generating approximately $3 million for Malone. When asked why he had been targeted in Operation Boilermaker, Malone merely shrugged.
“I never knew Bradley before this situation so he couldn’t have had a personal vendetta against me,” Malone speculated. “He must’ve been told to come after me by someone else.”
Malone was never indicted in a court of law regarding Operation Boilermaker and it’s findings.
Malone stressed that the oil his company transported to treatment, storage and disposal facilities was always tested and he never personally came in contact with any of the oil.
Township Attorney Daniel Antonelli said that he could not comment on the case since he was not aware of it and preferred to avoid any possible misrepresentation of Bradley. Upon review of several court documents involving Bradley, Antonelli did note that Bradley was dismissed in the United States Court of Appeals for the Third Circuit in June of 2005.
“ Regardless of the claims, it is clear that Bradley is no longer involved in this matter because he was dismissed in this appeal, end of story,” Antonelli said.
A panel of three circuit judges, D. Brooks Smith, Samuel Alito and Max Rosenn, presided as Bradley appealed a District Court order denying his qualified immunity summary judgment motion.
Lead judge, Alito ruled out the possibility that Bradley may have had any culpability on the grounds that Bradley did not have the ability to release the property seized during Operation Boilermaker.
“ Tapes, memos and Bradley’s report, which is cited in every affidavit, was presented to Alito but it was obvious that he didn’t bother to review the materials as he should have,” attorney Constantine Bardis claims. Bardis has been representing Malone since November 2001.
“Bradley may have been dismissed but they we’re not calling it a dead issue and Alito focused on conduct during the investigation; but look at the conduct of Bradley when he targeted my client Mr. Malone and his company,” Bardis added.
Malone and Bardis contend that Alito may not have reviewed the evidentiary exhibits thoroughly because of possible ulterior motives.
“ Alito took my life in seven pages,” Malone exclaimed, referring to the seven-page court document that dismissed Bradley.
New Jersey Deputy Attorneys, John F. Kennedy and Leah Ann McMahon, were involved in the case as defendants alongside Bradley.
A District Court decision granting Kennedy and McMahon absolute immunity was reversed “based upon their conduct in delaying the return of Malone’s trucks and conditioning that return on the execution of a release.”
Malone alleges that in order to have his equipment returned, Bradley told him he would have to provide false testimony against someone in another matter. Those allegations were never proven, however.
“What was done to me was a violation of my constitutional rights and I think that it’s not right that Bradley was let off the hook for something that he was clearly involved in,” Malone said.
“If ever there was a case without justice, this is the case,” Bardis said. “Currently we are waiting for the District Court’s summary judgment and depending on the decision, we will decide to file an appeal.”
If the motion for summary judgment is approved, Malone will appeal it and if the state denies the motion for summary judgment, a trial will be scheduled. Malone plans to take his case to the Superior Court.
“Malone was never indicted, so how is it that this poor man never saw his equipment again and lost everything he had,” Bardis argued. “In my opinion, the investigation was a self aggrandized ploy by Bradley to make himself a hero.”
In response to current dilemmas between the Police Benevolent Association 69 — the local police union — and Bradley, Malone stated that granting possible oversight of the Police Department to Bradley would be like “letting the fox watch the hen house.” On Monday, the Union Township Committee plans to vote on an ordinance that would alter the chain of command in the township to make Bradley the “ appropriate authority” over the Police Department. PBA members contend that if approved, the amendment will give the business administrator more power over the Police Department.
“ The unscrupulous tactics he’s doing in Union are like the ones he used against me and my company,” Malone insisted.
Jackeline Leon can be reached at 908- 686- 7700, ext. 126, or union-
